HomeMy WebLinkAbout2024-03-18 I01C_01 02292024_BOA_minutes AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 18, 2024
AGENDA ITEM: Consideration of receipt and file of Board of Adjustment Minutes of February 29,
2024, meeting
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: Attached is a copy of the Board of Adjustment Minutes from
their meeting held on February 29, 2024, for the City Council to receive and file
of record.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION:
ATTACHMENTS: I. 02/29/2024 Board of Adjustment Minutes
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1C
The meefing was called to order at 5:30 PM by Chairperson Juan Garcia.
Item 1: Roll Call: The following members were present:
Cole Bisgard
Juan Garcia
Bryce Johnson
Tanner Westberg
Members not present: Emily Schultz
City Staff Present: Bill Meftee, Planner, Keith Rash, Building Official and Dawn Young, Development Services Specialist
Item 2: Agenda Approval: The agenda for the February 29, 2024 meefing agenda was approved on a mofion by Tanner
Westberg, seconded by Bryce Johnson. On voice vote, all ayes.
Item 3: Approval of August 31, 2023 Meefing Minutes
The minutes of the August 31, 2023 meefing were approved on a mofion by Tanner Westberg, seconded by Bryce
Johnson. On voice vote, all ayes.
Item 4: Elecfion of Officers
The current Chairman is Juan Garcia, Vice-Chairman is Cole Bisgard. After general discussion, a mofion by Bryce Johnson
to keep the same Officers, seconded by Tanner Westberg. On voice vote, all ayes.
Item 5: Consider a variance request from applicant Leigh White of 220 Indian Ridge Drive (Lot 27, Painted Woods Plat
2) – Variance from Waukee Municipal Code 169.07 to permit construcfion of a building within the side yard setback
Bill Meftee, City Planner, presented an outline of the project, as shown in the staff report. The applicant is requesfing a
variance to build a home addifion within the plafted side yard setback area. The applicant is proposing an addifion to
the residence that extends 2’ 3” into the required 10-foot side yard setback. A building permit has been denied for this
project, pending the decision of the Board of Adjustment.
Discussion as follows:
Property owner Leigh White of 220 Indian Ridge Drive reviewed the photos presented and spoke on spacing
between her property and the house next door, on the side where the proposed addifion would be located
The neighbor to the west of the proposed addifion, Tyson Greiner, sent an email to the homeowner stafing he
does not oppose the variance request; with a request to match his other neighbor’s style of fence if they decided
to put up a fence at some point
The family anficipates addifional cars as their mulfi-generafional family expands; they are proposing an addifion
in an effort to keep their vehicles off the street to maintain neighborhood aesthefics
Board of Adjustment Meefing Minutes
February 29, 2024
General discussion of measuring setback to the foundafion vs overhang; Keith Rash, Building Official, provided
informafion that it would be measured to the foundafion
General discussion of plafting fimeline for the area and ownership at the fime it was plafted; applicants are the
second owners of the property
Homeowner claimed there are other variances in the neighborhood; 180 Indian Ridge (RV garage) was given as
one example, and it was her understanding that the HOA had that informafion
General discussion of setback and locafion of the home next door on the side of the proposed addifion and
verificafion that the addifion would not cause issues with fire protecfion
A mofion was made by Bryce Johnson, seconded by Tanner Westberg to approve the variance. On roll call vote, mofion
carried:
Roll Call:
Bisgard: No
Garcia: Yes
Johnson: Yes
Westberg: Yes
Item 6: Consider a variance request from Lutheran Church of Hope, 305 NE Dartmoor Drive, (The Point Plat 1 Lot 1) –
Variance from Waukee Municipal Code 167.09 to permit a monument sign that exceeds the 15-foot maximum height.
Bill Meftee, City Planner, presented an outline of the project, as shown in the staff report. The applicant is requesfing a
variance to install a tower structure with a cross and signage with a total height of 52 feet.
Discussion as follows:
Pat Quade, Pastor at Lutheran Church of Hope, Waukee, presented a brief history of the cross/structure as a
basis for inclusion at the campus
Chris Gunnare of Lutheran Church of Hope, spoke about the general presentafion of placement, greenspace, and
the lighfing, sharing that the lefters are backlit, described as not flashing but a glow
James Pearson, of 475 NE Bowman, shared that he looks directly at the church and is not in favor of another “big
sign lighfing the neighborhood”; and commented that Hope is a popular church that does not need a sign and he
is concerned about light pollufion
Paul Ferriter of 440 NE Bowman, commented that the back of his property is located next to the church parking
lot; due to amateur astrology acfivifies he is concerned about light pollufion and has concerns about adding
addifional light to the suburban neighborhood
General discussion of sign design, breakaway points, concerns with a 52-foot structure being 30 feet away from
the sidewalk/taller than the setback; Diane Jeffries Ladd, of Simonson & Associates addressed those concerns
and commented the sign is past the setback, and foofings will be structurally engineered
General discussion recognizing the fact that the main objecfion is the lighfing and how to possibly amend the
mofion to exclude the lefters on the structure, eliminafing the lighfing
General discussion on proceeding with the request as wriften, which gives the applicant the opportunity to
reapply
A mofion was made by Juan Garcia, seconded by Bryce Johnson to approve the variance. On roll call vote, the mofion
was denied:
Roll Call:
Cole Bisgard –Recused
Juan Garcia – No
Bryce Johnson –No
Westburg - Yes
Applicant was instructed to contact Andy Kass, Community Development Director, on next steps.
Item 7: Consider a variance request from Dominic and Abby Boftenfield, 1620 SE Florence Drive (Lot 27, Park View
Crossing Plat 2) – Variance from Waukee Municipal Code, to allow an 8-foot fence to remain on a residenfial property
Bill Mefte, City Planner, presented an outline of the project, as shown in the staff report. The applicant is requesfing a
variance to allow an 8-foot cedar wood fence to remain on the property. The applicant filed for and was granted a fence
permit for a 6-foot fence but installed a fence 8-feet in height along a porfion of the property. The applicant has also
been granted a pool permit, thus requiring the fence.
Discussion as follows:
General discussion of fence permifting process
Bill Mefte, City Planner, had taken a phone call from a neighbor located at 1600 SE Florence; they called and
spoke in favor of the variance
Nicole Fitzgerald idenfified herself as a neighbor, and spoke in support of the variance, commenfing she doesn’t
want to see into their pool area, and would like to see the neighbors maintain their privacy
Dave Ross, of 450 SE Rosenkrantz Drive, idenfified himself as a neighbor, commented that the eight-foot fence
allows privacy and he is in favor; he commented that with the slope of the yard and that access to the detenfion
pond is not restricted, he doesn’t see a problem
Property owner Abby Boftenfield spoke and shared they had asked the city about leveling the grade, but they
were unable to make any alterafions; she also volunteered that the insurance company required a fence due to
the pool and they chose the higher fence to maintain privacy
General discussion of fence permifting process and why the fence was constructed outside of the permit;
property owners researched and mistakenly thought the height would be acceptable and did not consult the city
Owners verified the fence height is 6 feet except the south side, which is higher due to the easement and
grading, also verified the discrepancy was caught during the pool inspecfion
A mofion was made by Juan Garcia, seconded by Westburg, to approve the variance. On roll call, all ayes, mofion
carried:
Roll Call:
Bisgard: Yes
Garcia: Yes
Westburg: Yes
Johnson: Yes
Item 8: New Business:
Juan Garcia commented that new board members are welcome and spoke briefly about the process to apply,
included training and meefing frequency
Bill Meftee shared that planning is beginning for the Waukee City Campus
The meefing was adjourned on a mofion by Bryce Johnson and seconded by Tanner Westburg.
Meefing adjourned at 6:29 PM.
___________________________________________________________________
Juan Garcia, Chairperson Bill Meftee, Planner